§ 36-76 — Registration statement

Sec. 36-76. - Registration statement.

(a) In general. Any person who seeks to solicit funds for charitable purposes within the corporate limits of the city shall file with the director a registration statement, on forms provided by the director, containing the following: (1) The name of the person registering to solicit funds for charitable purposes. (2) Whether the person registering is an individual, partnership, corporation or association, and: a. If an individual, his or her business or residence address and telephone number. b. If a partnership, the names of all partners and the principal business address and telephone number of each partner. c. If a corporation, whether it is organized under the laws of Texas or is a foreign corporation, the mailing address, business location, telephone number, and name of the individual in charge of the Houston office of the corporation, the names of all officers and directors or trustees of the corporation, and, if a foreign corporation, the place of incorporation. d. If an association, the association's principal business address and telephone number, if any, and the names and principal business or residence addresses and telephone numbers of all members of the association. However, if there are more than ten members, the person registering may alternatively list the names and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is part of a multistate organization or association, the mailing address and business location of its principal headquarters shall be given, in addition to the mailing address and business location of its local office. (3) A brief description of the charitable purpose for which the funds are to be solicited, and an explanation of the intended use of the funds toward that purpose. (4) The names of all individuals authorized to incur expenses related to the solicitation or to disburse any proceeds of the solicitation. (5) The name, mailing address and telephone number of each individual who will have organizational responsibility with respect to the solicitation of funds. If there are more than 20 such individuals, the person registering may alternatively list the 20 individuals with the principal organizational responsibility with respect to the solicitation of funds. (6) The time period within which the solicitation of funds is to be made, giving the date of the beginning of solicitation and its projected conclusion. (7) A description of the means and methods by which the solicitation of funds is to be accomplished, including whether such means and methods will include any solicitation of occupants of vehicles on public streets. (8) The total amount of funds proposed to be raised. (9) A projected schedule of salaries, wages, fees, commissions, expenses and costs that the person registering reasonably believes will be expended and paid in connection with the solicitation of funds or in connection with their disbursement, and an estimated percentage of the total projected collections which the costs of solicitation will comprise. These figures shall cover the entire time period during which the solicitation is to be made. (10) The names of any cities outside of Harris County, Texas, in which the person registering has solicited funds for charitable purposes within the past five years, but in the event that the person registering has solicited funds for charitable purposes in more than five other cities, the person registering may list the five most populated cities in which it has solicited funds during the previous five years. (11) A statement to the effect that if a certificate of registration is granted, such certificate will not be used as or represented to be an endorsement by the city or any of its officers or employees. (12) As to each, if any, officer, director, trustee, partner, or any current agent or employee engaging in the solicitation of funds who within the past seven years has been convicted of (or been incarcerated for any conviction of) a felony or a misdemeanor involving moral turpitude, the name of the individual, the nature of the offense, the name of the state where the conviction occurred, and the year of the conviction. (13) An explanation of the reasons, if the person registering is unable to provide any of the foregoing information, why such information is not available. (14) The signature of an individual on behalf of the person registering. If the person registering is an individual, this is the applicant. If the person registering is a partnership, this is the partner charged with disbursing the funds solicited. If the person registering is a corporation or an association, this is its officer charged with disbursing the funds solicited. The individual signing the registration statement shall sign the statement and swear before an officer authorized to administer oaths that he or she has carefully read the registration statement and that all the information contained therein is true and correct. (b) Class A certificate; additional requirements. Each registration statement for a class A certificate shall include the following additional information: (1) Each location at which solicitation of funds is to occur; and (2) The number of persons to be involved in solicitation of funds at each location. (c) Class A certificate; use of city employee or agent; additional requirements. If the proposed solicitation is to include the use of any employee or agent of the city as provided in section 36-75 of this Code, the applicant shall also provide, in a form acceptable to the city attorney, proof of a current policy of commercial general liability insurance providing coverage against claims against the applicant and the city in the amount of at least $1,000,000.00 for any damages that may arise from the solicitation.

(Ord. No. 05-1346, § 1, 12-7-05)